[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 748 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 748

   To protect any State or local authority that limits or restricts 
 compliance with an immigration detainer request remains eligible for 
                     grants and appropriated funds.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2017

Mr. Quigley (for himself, Ms. Barragan, Mr. Payne, Mr. Blumenauer, Ms. 
 Judy Chu of California, Ms. DeLauro, Mr. Ellison, Mr. Espaillat, Ms. 
   Michelle Lujan Grisham of New Mexico, Mr. Jeffries, Mr. Larsen of 
   Washington, Mrs. Carolyn B. Maloney of New York, Ms. Matsui, Ms. 
 McCollum, Mr. McGovern, Mr. Meeks, Ms. Moore, Mr. Nadler, Ms. Norton, 
   Mr. Beyer, Mr. Raskin, Ms. Schakowsky, Mr. Serrano, Mr. Soto, Ms. 
Titus, Mr. Tonko, Mr. Vargas, Ms. Velazquez, Mr. Gallego, Mr. Ted Lieu 
of California, Mr. Welch, Mr. Smith of Washington, Mrs. Napolitano, and 
Ms. Bonamici) introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
   Oversight and Government Reform, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To protect any State or local authority that limits or restricts 
 compliance with an immigration detainer request remains eligible for 
                     grants and appropriated funds.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safeguarding Sanctuary Cities Act of 
2017''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Existing Federal law authorizes any authorized 
        immigration officer to issue an immigration detainer that 
        serves to advise another law enforcement agency that the 
        Federal department seeks custody of an undocumented immigrant 
        presently in the custody of that agency, for the purpose of 
        arresting and removing the undocumented immigrant.
            (2) Unlike criminal detainers, which are supported by a 
        warrant and require probable cause, there is no requirement for 
        a warrant and no established standard of proof, such as 
        reasonable suspicion or probable cause, for issuing an ICE 
        detainer request. Immigration detainers have erroneously been 
        placed on United States citizens, as well as immigrants who are 
        not deportable.
            (3) Galarza v. Szalczyk, U.S. Court of Appeals for the 
        Third Circuit ruled in March 2014 that States and counties are 
        not required to keep undocumented immigrants in jail on 
        immigration detainers; and in April 2014, Miranda-Olivares v. 
        Clackamas County, the U.S. District Court in Portland, Oregon, 
        found that county governments would be exposed to civil rights 
        lawsuits for honoring detainers not issued in compliance with 
        Fourth Amendment protections, including a showing of probable 
        cause.

SEC. 3. DISCRETION TO COMPLY WITH IMMIGRATION DETAINERS.

    Notwithstanding any other provision of law (including section 642 
of the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996), if a State or unit of local government has in place any policy 
that limits or restricts compliance with a detainer or otherwise does 
not comply with a detainer, Federal financial assistance (as such term 
is defined in section 7501(a)(5) of title 31, United States Code) that 
the State or unit of local government would otherwise receive may not 
be reduced or not made available to that State or unit of local 
government by reason of such noncompliance.

SEC. 4. DEFINITIONS.

    In this Act, the term ``detainer'' means any order or request by 
the Secretary of Homeland Security to a State or local official--
            (1) to temporarily hold a person in the custody of that 
        State or unit of local government until such person may be 
        taken into Federal custody;
            (2) to transport such a person for transfer to Federal 
        custody; or
            (3) to notify the Secretary prior to the release of such a 
        person.
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